ORAP 4.22

Unless a statute prescribes a different procedure in particular cases, the record on direct

judicial review of an agency order shall be corrected or added to as follows:

(1) Within 15 days after the agency serves the record of agency proceedings, or such

further time as may be allowed by the court, any party may file with the agency a motion:

(a) To correct any errors appearing in the transcript or to have additional parts

of the proceedings transcribed, if the record includes a transcript.

(b) To correct the record, other than the transcript, by removing material

appearing in the agency record as filed that was not made part of the record before the

agency, or by adding material that was made part of the record before the agency but was

omitted from the record as filed. This paragraph does not authorize supplementing the

record on judicial review with evidence that never was part of the record before the

agency.[fn 1]

(2) A motion filed under subsection (1) shall be captioned "Before the [name of

agency to which the motion is directed]." The party shall file a copy of the motion with the

court, which shall include on the title page the notation "Court Notice Copy."

(3) The agency shall file with the court a copy of its order disposing of a motion filed

under subsection (1), which shall include on the title page the notation "Court Notice Copy." If

the agency grants the motion in whole or in part, the agency shall serve on the adverse party or

parties and transmit to the court a corrected record, a corrected transcript, or an additional

transcript, as appropriate.

(4) Any party aggrieved by the agency's disposition of a motion to correct the record

or to correct or add to the transcript, may request, by motion filed within 14 days after the date of

service of the agency's disposition, that the court review the agency's disposition. The motion

shall be captioned "In the Court of Appeals of the State of Oregon" or "In the Supreme Court of

the State of Oregon," as appropriate, and shall be entitled "Motion for Review of Agency Order

Under ORAP 4.22."

(5) (a) If no party files a motion under subsection (1), the court will deem the

record settled 15 days after it is filed, and the period for filing the petitioner's opening

brief shall begin the next day.

(b) If a party files a motion under subsection (1) and the agency grants the

motion in its entirety, the court will deem the agency record settled on the agency filing a

copy of its order with the court.

(c) If a party files a motion under subsection (1) and the agency denies the

motion in whole or in part, the court will deem the agency record settled:

(i) On expiration of the time under subsection (4) of this rule to move

for review of the agency’s order or

(ii) If the party moves for review under subsection (4), on the court’s

disposition of the motion for review.

(d) Upon settling the record as provided in paragraphs (b) and (c), the court

will notify the parties that the record is settled and that the period for filing the

petitioner’s brief has begun.